Authorizes Karen McClure to file for Tier II status with the state comptroller because she is currently Tier III, but worked for Cattaraugus county starting in 1973.

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S7044-2011 Actions

• Apr 25, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS

S7044-2011 Memo

BILL NUMBER:S7044

TITLE OF BILL:
An act in relation to allowing Karen McClure to file a request for Tier
II status in the New York state and local employees' retirement system

PURPOSE OR GENERAL IDEA OF BILL:
Grants retroactive Tier II membership in the New York State and Local
Employees' Retirement System to Karen McClure.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1- States that Karen McClure was employed as a city auditor in
the city of Olean and in the county of Cattaraugus in 1913, and was
employed as a Treasurer for the County of Cattaraugus from July 1914 -
September 1976, yet for reasons not ascribable to her own negligence,
was not entered into Tier II of the retirement system.  If, within one
year of the effective date of this Act, she files a written request with
the state comptroller, she will be entitled to the rights, benefits and
privileges of Tier II status.

Section 3- Contains the effective date.

Fiscal Note - The cost of this note will be an increase of approximately
$2,500 in the annual contributions of Erie County for the fiscal year
ending in March 31, 2013. In addition, there will be an immediate past
service cost of approximately $18,100 which will be borne by the State
of New York as a one-time payment. This estimate is based on the assump-
tion that payment will be made on March 1, 2013.

JUSTIFICATION:
From July 1973 - September 1973, Karen McClure was employed as a city
auditor for the city of Olean, Cattaraugus County.  Additionally, she
was employed as a treasurer for Cattaraugus County from July 1974 -
September 1976. Through no fault of her own, Ms.  McClure was not
offered membership in the New York State and Local Employees' Retirement
System at this time. This legislation will retroactively place her into
Tier II starting July 1, 1973. This bill will provide her with the same
retirement benefits as other individuals who were employed during the
same period.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
Any costs will be incurred by the New York state and Local Employees'
Retirement system.

EFFECTIVE DATE:
This act shall take effect immediately.

S7044-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    7044

                              I N  SENATE

                               April 25, 2012
                                 ___________

  Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
    printed to be committed to the Committee on Civil Service and Pensions

  AN ACT in relation to allowing Karen McClure to file a request for  Tier
    II status in the New York state and local employees' retirement system

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Notwithstanding any other provision of law, Karen  McClure,
  who  is  a  member of the New York state and local employees' retirement
  system, and who was employed as a city auditor in the city of Olean  and
  in  the  county  of  Cattaraugus  for the period beginning July 1973 and
  ending September 1973, and who was employed as a treasurer for the coun-
  ty of Cattaraugus for the period beginning July 1974 and ending  Septem-
  ber  1976,  and who for reasons not ascribable to her own negligence did
  not become a member of the New York state and local  employees'  retire-
  ment  system  at  the time of her hiring and who is currently a Tier III
  member of the New York state  and  local  employees'  retirement  system
  shall  be  deemed  to  have become a member of such system as of July 1,
  1973 entitling her to Tier II status with every right, benefit and priv-
  ilege which would have been available to her on such date if, within one
  year of the effective date of this act, she shall file a written request
  to that effect with the state comptroller.   Upon the granting  of  such
  retroactive  membership,  Karen McClure shall be granted a refund of any
  employee contributions made by her to  the  New  York  state  and  local
  retirement system.
    S 2. All past service costs associated with the implementation of this
  act shall be borne by the state of New York.
    S 3. This act shall take effect immediately.
    FISCAL  NOTE.--  This  bill  will  deem Karen McClure to have become a
  member of the New York State and Local Employees' Retirement  System  on
  July  1,  1973,  her  first  date  of employment with the city of Olean,
  thereby granting her Tier 2 status. All  member  contributions  will  be
  refunded.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD10071-02-2

 S. 7044                             2

    If  this bill is enacted, we anticipate that there will be an increase
  of approximately $2,500 in the annual contributions of Erie  County  for
  the fiscal year ending March 31, 2013.
    In addition to the annual contributions discussed above, there will be
  an  immediate  past  service cost of approximately $78,100 which will be
  borne by the State of New York as a one-time payment. This  estimate  is
  based on the assumption that payment will be made on March 1, 2013.
    Summary of relevant resources:

    Data:  March  31,  2011  Actuarial Year End File with distributions of
  membership and other statistics displayed in  the  2011  Report  of  the
  Actuary and 2011 Comprehensive Annual Financial Report.
    Assumptions  and  Methods:  2010  and  2011 Annual Report to the Comp-
  troller on Actuarial Assumptions, Codes Rules  and  Regulations  of  the
  State of New York:  Audit and Control.
    Market  Assets and GASB Disclosures: March 31, 2011 New York State and
  Local Retirement System Financial Statements and Supplementary  Informa-
  tion.
    Valuations  of Benefit Liabilities and Actuarial Assets: summarized in
  the 2011 Actuarial Valuations report.
    I am a member of the American Academy of Actuaries and meet the Quali-
  fication Standards to render the actuarial opinion contained herein.
    This estimate, dated April 20, 2012 and intended for use  only  during
  the  2012  Legislative Session, is Fiscal Note No. 2012-132, prepared by
  the Actuary for the New  York  State  and  Local  Employees'  Retirement
  System.